Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 12

Restriction on petitions within one year of marriage

(1) Subject to subsection (2), no petition for divorce shall be presented to
the court before the expiration of the period of 1 year from
the date of the marriage (hereafter in this section referred to as "the
specified period"). (Amended 29 of 1995 s. 8)

(2) A judge of the court may, on an application made to him, allow the
presentation of a petition for divorce within the specified period on the
ground that the case is one of exceptional hardship suffered by the petitioner
or of exceptional depravity on the part of the respondent; but in determining
the application the judge shall have regard to the interests of any child of
the family within the meaning of section 2 of the
Matrimonial Proceedings and Property Ordinance ( Cap 192) and to the question
whether there is reasonable probability of a reconciliation between the
parties during the specified period. (Amended 39 of 1972 s. 33) [cf. 1970 c.
45 s. 35 U.K.]

(3) Nothing in this section shall be deemed to prohibit the presentation of a
petition based upon matters which occurred before the expiration of
the specified period. [cf. 1965 c. 72 s. 2 U.K.]